A Long Island woman claims her 29-year-old son died in a drunken driving crash because police opted not to arrest him on DWI charges stemming from an accident that occurred earlier the same night.

Kathi Fedden made the claims in a federal lawsuit this week.

It was a deadly car crash that could have been avoided.

The question is, might anyone else besides the driver be responsible?

29-year old Peter Fedden of Commack had both alcohol and marijuana in his system when he was killed in the crash, back on July 30th of last year.

But if you ask his mother, police in Suffolk County are responsible because they cut him a break and drove him home after his first crash that night.

"They were negligent in leaving him in a driveway full of automobiles after he just used one as a deadly weapon," said family attorney Harry Thomasson.

Holding up a thick stack of PBA cards, the attorney for Fedden's mother spoke of a quid pro quo. Cops who knew Fedden so well because he owned a deli they frequented, that when he crashed into the Calabrese family's yard earlier that night, cops never arrested him.

"He came through these fences, hit my car, went through the garage door," said homeowner Joseph Calabrese.

"He had this accident and they drove him home which I never heard of before," said homeowner Barbara Calabrese.

In fact there was no report of the first accident. Passengers in Fedden's car were told to disperse.

"This absolutely was a quid pro quo with the police, they knew him," said Thomasson. "They took no photographs, they told those two passengers to arrange rides and get the hell out of there."

A short time later, Fedden got into his mother's car and flew into a business in Hauppaugue at about 100 miles an hour.

Mitch Levine, the business owner, suffered about $100,000 in losses. Still he, and others, hardly think Suffolk cops are the ones to blame.

"I don't think this is the responsibility of Suffolk County police," Levine said. "I think they've done a great job protecting the community and this is just another example of a drunk driver being very irresponsible within the community."